JUDGMENT

Vinod S. Bhardwaj, J. - The question that arises for consideration in the present petition is as to whether registration of the FIR under Section 420 of the INDIAN PENAL CODE alongwith ancillary Sections, after earlier proceedings instituted consciously for offence under Section 138 of the Negotiable Instruments Act, 1881 had been quashed by the High Court and the judgment having been upheld by the Hon'ble Supreme Court, after certain cosmetic changes would amount to an abuse of the process of law.

2. The present case is one such case where the respondent No.2- complainant, who was also a Director & shareholder of the Company to which payment had been advanced, had chosen to institute proceedings against the other Directors of the Company-without impleading the Company, and after having been unsuccessful in the proceedings instituted under Section 138 of the Negotiable Instruments Act, 1881. So much so, a specific finding was recorded by the High Court, while quashing the complaint as well as the summoning order that no amount was due by the Director. The cheque in quest